Legal

Construction projects are complex, highly sensitive and operate in changing environments. A construction claims consultant can manage construction projects and assist in claim mitigation. Explained below are some claim mitigation processes that can help construction firms minimize the occurrence of claims.

The project plan – It is vital that the plan has a clear and carefully described scope of work, together with a reasonable schedule. The project should also include the risks and delays that may arise at different junctures.

Contract terms – Contract terms should be fair, spreading the risk of possible changes and unknown site conditions.

Risk management plan – A risk management plan will mitigate the risk and provide control over the risks involved. Avoid placing the majority of risk on the contractor, when the contractor has little or no control over the situation. This method will be an invitation for more claims.

Handling of disputes – If a dispute is handled incorrectly, the chances are that the dispute will cause a strain on the relationship between the parties. A strained relationship can cause further delays and more claims.

Decision-making process – A decision-making process that is long and cumbersome, can cause delays in work, disputes, and claims.

Hiring a good quality construction claims consultant can be difficult and time-consuming. Therefore, look at reputed consulting firms like Lyle Charles Consulting to assist your firm in hiring the right consultant for your construction project.

The right expert witness can ensure that you foster successful outcomes. Litigation can be stressful for the parties involved and a good construction expert witness can reduce or eliminate these outcomes. Here are 4 factors that should be considered when selecting an expert witness.

Ensure your expert is willing to see the case through to the end – Some professionals will avoid deposition and testimony. Therefore it is best to hire an expert who is willing to fulfill these obligations and see your case through to the end.

Make sure your expert has a good team behind them – Construction delay claims and other litigation can drag out over a long time. Therefore you should ensure that you always have an expert on hand to assist you through the entire process. Choose an expert witness that is backed by a team of strong experts that will support you thought-out the process.

Don’t be too narrow in evaluating industry expertise – Although specific industry expertise is important, the varied experience can also bring a lot to the table. An expert with a wider knowledge can help to solve complex issues and shed a different light on a case.

Give yourself options – Sometimes different cases will need different expert witnesses. For example, construction delay claims may require a specific expert witness. Therefore it can be a good idea to change your witness according to your case at hand.

Employers need to face a fundamental question for themselves: how important is it to run a criminal background check for employment? For some industries, running these checks is one of the most important aspects of applying for a job, because it clears someone to handle money or to drive long distances without becoming a liability to the company. In this guide, you’ll learn when to start doing background checks, and what you need to provide to potential employees in order to conduct one.

When to Start Checking

The moment you’re ready to hire your first employee, you should start instituting a policy to conduct pre-employment checks. They are affordable, and they can be used as a tool to help find the best qualified candidates for a job.

In some states, such as California, it’s really important that you treat every candidate as a potential (regardless of criminal history). Therefore, if you decide to rescind an employment offer upon discovery of a crime in someone’s past, you’ll need to be prepared to show how that decision might affect your business.

Legalities

If you inform candidates when they apply, then you should be ok in most states. Running instant background checks involves learning some very personal and private details about someone’s life, so you need to be careful about how you approach the topic. You should make sure that you’re following the rules of your state.

The first step is to look up some information in your local chamber of commerce, and to speak with an attorney if possible. They should be able to point you in the right direction to learn more about the laws of your city and state. Also, be prepared to offer the potential employee a copy of the check you ran, and a disclosure explaining why that check disqualified them from the job (if that applies).

Importance

At this point, you’re probably wondering if it’s necessary to do this for every new hire. There are two things to consider here:

New hires working with sensitive data, or in a position that may affect company insurance or day-to-day operations, should receive a background check. It’s a good idea to make sure you’re working with someone trustworthy.

Background checks are inexpensive. Narrow down your candidates until you find a few you like, then discuss background checks with each one and run them as needed.

In short, not every business will find themselves in need of a background check. Most businesses would benefit from running one, though, and far fewer are making that critical decision. Make 2017 the year you begin checking your employee’s history of employment.

Looking for the right construction expert witness can be a difficult one as their qualifications, knowledge and testimonial experience all play a factor in the result.
By simply having a degree doesn’t make your witness fully qualified as maintaining that notion will only leave you narrowing your scope down and ultimately missing out on the right candidate.

One option out of the pool of experts that can choose out of is architects. The reason many attorneys choose architects for a witness are primarily based on their experience with defective work along with sufficient construction knowledge. The only downside is whether or not they have any experience with testifying and the legal process. Many times high-end projects are handled by architects which is a reason why tradesmen are not valued as highly.

Your expert must have knowledge pertaining to defects within projects. Each component of the issue at hand should be handled with expertise and a solid understanding of the underlying problem. In the case of a specialty opinion, you could look into consulting with an engineer as engineering or plumbing cases could arise. Although the cases are rare, it definitely is an option that is worth considering. Construction claims management services often advise clients to choose an expert that has a specialty with the construction issue.

Be sure to educate yourself on the specific details of the entire claim, which will help you determine the right candidate. Also, do valuable research on the specialty experts out there as well. Insight into their level of knowledge will not only be based on the degree but their involvement within the construction industry.
Bio: Lyle Charles, of Lyle Charles Consulting, is a structural steel expert, seasoned executive, coach and mediator.

Summary: Turnaround services fulfill an important role in construction projects.

Refineries need scheduled upgrades in order to run properly, and for longer periods of time. Plant managers tend to schedule these operations well in advance so that everyone understands what is required before work can begin. Still, extended down time is a bad thing. Construction & turnaround services help deal with this very problem by expediting the process. Here is how it works.

What Turnaround Accomplishes

A turnaround service is effectively contracting out to help deal with a specific problem. Revamping a reactor at a power plant, for example, is not a job that any construction crew can handle. Turnaround services are trained in responding to specific circumstances. They can also coach your existing crew through the process. Many times, businesses that are failing or seeing lower returns can only afford to hire a coach. Coaches can also help review a project before the work begins.

Basic construction doesn’t typically involve hazardous materials, but some projects can require a special helping hand. Lab setups, for instance, are a good example. Special care must be taken to set up equipment and build clean rooms.

Other Needs

Even with a well-planned operation, there is still plenty of room for things to go sour. Bad materials, for instance, can cause damage that can have an effect on the environment around the plant too. In these situations, hiring a structural steel expert is mandatory in order to test the integrity of the materials used. Failure to verify that materials are of the proper quality can result in damages over time.

All companies need to operate within the law. However, depending on the industry, most face a number of legal hurdles. As you can imagine, it’s absolutely essential that you understand what these hurdles are and negotiate them as need be or you could run into all sorts of problems. Let’s look at the legal aspects of a construction project.

Long before your build can ever start, you need a whole host of permits to build. The exact types will depend on where and what you’re building. Furthermore, you and your customer must have an understanding of who will procure these permits before the build starts.

Obviously, there are a number of legal issues involved whenever you hire and pay people. This is especially true when it comes to building, because so many of your employees are union members. So it’s essential you understand how paying them works and even how many hours they can be allotted each week. Run into legal problems with unions and you’ll pay dearly.

When it comes to the actual physical structure of your building, there will be a number of legal requirements in terms of making it livable safe. Don’t shirk these.

If legal aspects begin slowing down your build, consider construction turnaround services to pick things back up and get them on the right track.

Lyle Charles Consulting is the company you need for plenty of construction advisory services that help make your build a smooth one. Whether you need a private mediation, an expert witness or just help smoothing over a rough patch, they’re the ones to call.

When you’re in the business of building, you’re on the lookout for any way possible to save money. But this is often much easier said than done. There are so many moving parts to juggle when you’re overseeing a build that it can be easy to lose sight of your priorities. Amongst other things, this is when you can take on unnecessary expenses.

That’s why it pays to have a construction advisor on your payroll. While you keep track of the day to day priorities, they understand the macro, big picture items. There are a number of options you can take advantage of, so no matter how big your company or build is, you’ll be able to reap the benefits of this tremendous service.

For example, you might only need the help when a claim is filed. That may be all your company can afford. Fortunately, you can go to a construction claims expert who will be able to look over the specific issue and properly advise you on how to proceed. Another example are interim short term management services. These are another great choice for companies who don’t want to spend a lot of money, but still want value.

No matter how big your build’s budget is, make sure there’s room for the right advisor services should you need them.

Working construction carries enough physical hazards to keep workers on their toes, but the legal pitfalls are just as prevalent. There are a number of problems that can spring up on-site, from a faulty tool to a worker who refuses to show up on time. Remember that if anyone does file a claim against you, construction advisory services can help resolve the situation with expert testimony from accredited sources.

Acceleration

When a contract is signed, there are certain items stipulated that must be fulfilled. For instance, a contract has a date that it ends. This is supposed to cover the amount of time the company believes the work will take to complete, and helps set an expectation of when that work is completed. For a variety of reasons, it is possible to finish work ahead of schedule. Acceleration applies to all aspects of the project, from design to engineering.

The burden for the contractor is proving that it took actions to increase the units of work for the day/week/month in question.

Constructive Change

Sometimes plans change without warning. Maybe a certain material is preferable to another, or design constraints did not become evident until construction was started. Whichever case, the performance requirements on the contract were changed. In situations like these, and with the help of construction claims experts, courts have ruled that contractors have the right to seek compensation when these changes are made.

Contract Termination

If a contract was agreed upon before construction begins, and then is canceled for any reason the contractor can recoup some of those expected profits. The contractor may also go after the difference in the revenue earned from the work and the cost to do the work (including materials). If the work was completed prior to the contract cancellation, the contractor is usually entitled to claim all of the work.

Schedule Delay

When a project has a planned timeline that gets postponed, for any reason, a schedule delay occurs. Even if a project requires only a few extra days to complete. In these situations, the party at fault would be responsible for the loss.

Differing Site Conditions

The contract also indicates the condition of the site, which has a heavy bearing on the quality of work that can be done. Sometimes, these changes result in an adjustment to the work flow or worse. In some cases, work cannot continue at all. The contractor would be entitled to recover some compensation for the planning and work leading up to the project.

——————————————————————————————————————-Lyle Charles is a steel fabrication expert with extensive experience in the construction industry. For help with construction claims, contact Lyle Charles.

Despite what you might be feeling there should be no shame attached to filing for bankruptcy. You might be striving for the American dream but that doesn’t mean that dream also includes lifelong financial security. You might set out with a well-defined planned but that doesn’t mean everything will be going as according to that plan. What happens if a health crisis crops up? Suppose you your job falters and you find yourself without a steady paycheck? Even a divorce can have a devastating impact on your financial future. If any of these types of situations arrive on your doorstep to cause trouble, you’ll definitely want to meet with an Encino bankruptcy attorney or Sherman Oaks bankruptcy attorney to help you sort out your problems.

While it may be true that nobody intentionally seeks out to file for bankruptcy, as an Encino bankruptcy attorney or a Sherman Oaks bankruptcy attorney will tell you that might be your only recourse to get your life back on track. The primary hole you dig yourself in is with credit. Once you get out of college and even during college you’ll be inundated with applications for credit. These can prove very tempting. There is nothing wrong with using credit as long as you can keep up with the payments and not fall into crisis. With that crisis comes higher interest rates, daily collection calls from debtors and a lower credit score. All of this can become a major stress inducer that can cause splinters in your work and family.

Understand first that any type of bankruptcy filing is an official court proceeding. This is why you need to consult with an Encino bankruptcy attorney or a Sherman Oaks bankruptcy attorney. There is a lot of legal paperwork that needs to be filed with every case. Although you don’t need to know all the particulars of each piece of paperwork, your attorneys should be able to walk you through the more important clauses. Having those attorneys on retainer also means you can ask any questions along the process. This is especially important with the ever changing shifts in the bankruptcy laws.

As you begin to explore the filing process, you might run across some lawyers who are offering a no frills bankruptcy filing which might seem like a good deal because of the low cost but that could come back to haunt you if the work isn’t done right or you’re not fully prepared for your hearing. A qualified Encino bankruptcy attorney or a Sherman Oaks bankruptcy attorney would know their way around the courtroom and make sure you aren’t left in the lurch.

This same approach should be taken if you think that bankruptcy is going to be your next DIY project. Stick with the pros and you can’t go wrong. Once you have successfully filed your bankruptcy you can begin to repair your debt and focus on building back up a financial nest egg to see you and your family through the rest of your lives.

There’s only a few things in this world that is actually more frightening that being in the bad end of an IRS letter. Particularly in Orange County where there numerous tax-seeking organizations that will literally hunt down people who have not handled their tax well. If you are someone in this predicament, fear not because there are actually many more Americans in the same situation. However, tax lawyers Orange County can prove to give people in this monetary obstacle the protection they need from the very government that is hunting them.

Tax attorneys can help you in various ways in regards to the problems of your taxes , this would also depend upon your specific needs and the details of your situation with tax. Most tax lawyers can help you through planning your way out from the predicament that you are in. These lawyers will help you through the process of improving your tax debt and also, avoiding the situation to ever happen in the future.

It is certainly very scary when the IRS coming down on you and sending you warning letters regularly, which is why it is very important to have legal professional by your side to make sure that you will get through with the problems you are facing and eventually get everything to turn out just fine. Most of the time, these frightening letters are actually harmless, and these individuals just need a proper legal professional to help them sort things out, help them through the process of dealing with their taxes and keep their affairs in order.